New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-19
BARRING OUT A CHINAMAN.
mDGFS SAY THAT HE CANNOT PRACIISE.

- ,vc,s,.TrRE HAD AUTHORIZED THE COURT
To "wAIv, ALIENAGE" IN HIS CASE.
ma Genera, Term Of the supreme Court has re-
med 10 admit Hong Yen Chang the young |hi'a-
man who passed a satisfactory examinatioh'to prac-
,,co t the Bar although act for his relief passed
nv the Ncw-YoIk Legislature on May ., authorizes
.ra Court TO waive alicnago in his case and ADMIT
him. lie IS graduate Of Yale College and OF the
Columbia College Law School, resident OF this city
and has been denied naturalization by the United
States Court
when the names OF the applicants who have just
passed their examination came before tho Court Tor
action Presiding Judge Van Brunt and Justice Dan
icle bfld that tho Cbnaman should be admitted to
practice because he alien and unnaturallzed'
Justice brady differed with them, lie called a''eh'
tion to the case Of william Lane O'Neli, briush
,ubiect who had been an attorney in England and
coming to this country admitted to pracuce III 'no
Supreme Court Second Department, on May g. 1851
although not naturalized. He pracl IA" ior s0'
eral months and then the attention OF the 'eueiS
Term was called to the fact that he was not ha'ur-
lied and his admission TO the Bar was re'ohc"' Inv
case was appealed and the Court OF Appears n''i A'
being an alien, tho law then stoou ITO ' w
practice bu. the Court also held that the Legislature
had the power to pass an act allowing a'i0n' :" ~
admitted 10 practice Justice Brady argued That tho
Cow, ~ Appeals having held that the Legislature hai
the mower 10 authorize this and having passed an act
In this case expressly authorizing the ADMISSION VI
,nc Won Chang to practice, The General Term should
admit HIM. The majority of the Court oi course Pio
7aled and a decision was rendered accordingly
When Hong Yen Chang first applied ior duhiSsio
,o th ar M, had not BEEN naturahzed and the decision
Is based upon the facts ,hes then STOOD uul s'no
hen-Cn November 11-Judgo Van loosen Oh ne So n
NJ ConInon Pleas has granted him his papers anu hds
swor r,rU IN a. a ctlzen. lie in ends now 10 rene"
bis apple alton and believes that III lhe aeiu IU
di ion of aiars the General Term VIII aulic Nun,
Prosd ny Judge Van Brunt IN speaking Oh INC matt st
sad yesterday thai only citizens 81 me chvu IN ip
fhp rtldc
state The legislature cCmd no. compel any oonf ~
do VIVA, II had no snr 10 no. tt he was nat ur
allied by Judge Van iiOesen on November IL a.
1t remains TO be seem" added the iresuihs JudEo,
1wh,,hvr he rs citizen or not, and that Is mater
for me General Term to consider nave d"al up
posed thai since the law of Congress in regard to Tie
naturalization OF Cinnamon was passed ho th'""i''
could be admitted citizen 49,,
Ins,iceS Iugqham and Donohue were present when
tho Presiding Judge thus expressed himself justice
refused o maturalize any Chnaman" justice Dono,
hue "a II should regard it as my duty to take
the same course
JUDGE VAN HoFsEN DEFENDS Ills ACTION.
Judge Van IIoesen said to TRIBUNE reporter who
called upon him at his home, No. 81 West Forty
sevcnth-st., last evening:
Judge Sawyer, of the United states Circu, Conri
California years ago decided that under the SGt OF
Congress governing naturalization w Io m0r
be naturanzcd because thcy were nvl.n1ad W. .svrral
negroes That DECISION has been followed 10y sew n
rendered Judge Hamilton W. Robinson OF the court
of COMMON peas, examined the uc,ision si, ,he
nf
dccison was erroneOu, and that Cinnamon mishe 10
n,turalizcd without violating the act Ol Coheicss
l,on, "A en- h.nS to tins country wren nc wa
eloven Or twelve of age ana mas iNcu hcIc 80
since and is to all inteDts and Pun poses an
lie dresses in American clothes anu GUS MS nan ~
The American fashion, dlscardng the q"Guc ii1
Intends 10 settle this country ana pldc'sS Id" anu
could NOT see any reason Why he ehoulu N.Y. NV 10
natnraIizrd Austin G.. Fox and william a. O"9I,
LAWYERS of high standing introduced nun 10 nv al,
annears TO be a reSpect able man ana nav no % ~
tbat his influence among mis- cOuntIyulch mere VIII po
800 If seems hard If We can ndttiaI,Ic nc6dII
2eSh from the Congo and not wcl!,euucd'cu anu m
Intelligent Chinaman like this man. vi COuisC ~ "o
were in danger OF being Oycrrnn hero WIN ma III
as they are in California should have FesoiNci a.
douhts against the Chlnaman. men t' l,i.',
Cont of the United : atcs decides thdt i ~
cannot be naturalized shall OF course, iOlIo" ~.
decision Judge Robinson, whose Ophlon We "oT
foIlow died In 1879 He was John an b"IcI , Uiu
mariner and was famous lawyer IN ms Gay ~ Va
mon Sectlon 2l69 Of the Revised siaiu'cs vi NV
Tred states that Judge sawyer based ms uco!S
"The provisions of this title shall Apply 10 S aoaa
benq free white persons and to aIlfh. oi Ti''""
nativtv and TO persons Of African descent. -
Tbis' has been construed to mean mat no person
not yche or not of African blood can pc
The ACT was passed lulv. l07O, ana may "a
haen intended 10 exclude Oh nanen II Is d md'.,n
~ construction entirely aud being so le a, "nuiS
20 .dort JudCc RobinsOn's opinion ana Iot 1uue
C.wweris Durinp the twelve years that nave peo"
TndSe ~ The Court of Common Peas a h'hncI w
SSipamen have been naturazed-l cannot say Ho"